Shareholders holding more than 65,438+00% of the shares of a limited company may file a shareholder representative lawsuit as a plaintiff.

Legal subjectivity:

1. Shareholder's representative litigation means that when the legitimate rights and interests of the company are illegally infringed and the company refuses to file a lawsuit, the shareholders can file a lawsuit in their own name, and the litigation interests belong to the company. 2. In this kind of lawsuit, the shareholder only exercises the litigation right on behalf of the company, so the plaintiff who brings the liability dispute that damages the interests of the company must be the shareholder of the company, not the executive director.

Legal objectivity:

Article 151 of the Company Law Where the directors and senior managers are under the circumstances specified in Article 149 of this Law, the shareholders of a limited liability company or shareholders who have held more than 1% of the shares of the company for more than 180 consecutive days may request the board of supervisors or the supervisors of a limited liability company without a board of supervisors to bring a lawsuit to the people's court in writing; Where the supervisor is under the circumstances specified in Article 149 of this Law, the above shareholders may request the board of directors or the executive director of a limited liability company without a board of directors in writing to bring a lawsuit to the people's court. The board of supervisors, the supervisors, the board of directors and the executive director of a limited liability company without a board of supervisors refuse to bring a lawsuit after receiving the written request from the shareholders specified in the preceding paragraph, or fail to bring a lawsuit within 30 days from the date of receiving the request, or the interests of the company will be irretrievably damaged if the lawsuit is not brought immediately in case of emergency. Shareholders specified in the preceding paragraph have the right to bring a lawsuit directly to the people's court in their own name for the benefit of the company.